#Section 148
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Income Tax
Reopening Notice u/s 147 issued within Limitation Period but served after Limitation Period is valid
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Income Tax
For exercise of power U/s. 263, it is mandatory that order passed by AO should be erroneous and prejudicial to interest of Revenue
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Delay in notice U/s. 143(2) Renders Assessment Void – HC
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Retrospective amendment no basis to reopen beyond 4 years – HC Disapproves AO’s Practice to Delay Passing Objection Orders
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Income Tax
Sanction of CIT instead of JCIT renders reopening u/s. 147 of Income Tax Act invalid
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Notice U/s. 148 is invalid In absence of any live link with the reasons recorded and the belief formed
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AO cannot assess other ‘escaped income’ if reason for issue of Notice under section 148 dropped
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Despite specific queries in scrutiny assessment, AO cannot be said to have formed any opinion if explicit opinion not recorded
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Reassessment not permissible if reasons recorded are merely change of opinion
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Reopening without proper application of Mind by Assessing officer is invalid
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Reopening U/s. 148 without service of reasons to the assessee before the expiry of period of 6 years renders reopening invalid
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Bofors Scam –Quattrochi case can not be reopened U/s. 148 and 149
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Income Tax
Reassessment beyond four years on the basis of retrospective amendment not justified
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Income Tax
